Lowber v. Le Roy
The Superior Court of New York City
This was an action of assumpsit for money paid, which was tried before Oaklet, Ch. J., in February, 1848. The plaintiff read in evidence articles of copartnership, dated July 1st, 1845, made between the defendant, Jacob Le Roy, of the first part, and the plaintiff and Thomas Otis Le Roy of the second part; by which the two latter became general partners under the name of Lowber & Le Roy, and the former, as special partner, contributed $25,000 as capital.
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This was an action of assumpsit for money paid, which was tried before Oaklet, Ch. J., in February, 1848. The plaintiff read in evidence articles of copartnership, dated July 1st, 1845, made between the defendant, Jacob Le Roy, of the first part, and the plaintiff and Thomas Otis Le Roy of the second part; by which the two latter became general partners under the name of Lowber & Le Roy, and the former, as special partner, contributed $25,000 as capital. The plaintiff was to contribute as capital $23,032 50, consisting of his stock and assets in the previous business; among which was included…
1Opinion of the CourtBy the Court. Sandford, J.
The agreement between the parties, for the dissolution of the firm of Lowber & Le Roy, the disposition of its property, and the payment of its debts, was in writing, and was signed and delivered on the 4th day of April, 1846. The effort on the part of the defendant at the trial, was to influence and control the effect of this agreement, by a writing or schedule without signature or authentication, made out on the 5th of April, together with parol evidence of what was subsequently agreed upon between these parties and T. O. Le Roy & Co. The judge, after receiving the *216testimony provisionally,…
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